CRESCENT CITY, CA — June 12, 2024 — Today, the Del Norte County Unified School District and seven student plaintiffs have reached a crucial settlement in the case of Olivia R. et al. v. State of California et al., case number CV-231304. This case aimed to address the severe staffing shortages in Del Norte County schools that have deprived students with disabilities of their right to education.
This agreement highlights the importance of accountability and proactive measures in our education system.”
Cynthia Rice, Legal Director, DLU
The key terms of the settlement include:
- Immediate Action: The District will stop telling students to stay home due to a shortage of aides and will develop a contingency plan to address such situations.
- Compensatory Education: The District will determine the compensatory education owed to students who missed school over the past two academic years. This compensatory education will be provided by the District during the summer of 2024, after regular school hours during the summer and fall 2024 school sessions, and/or through funding for parents to arrange their own independent services. All compensatory education shall be completed before January 1, 2025.
- Expert Assistance: No later than September 9, 2024, the District will hire an expert in special education and staffing solutions. Over the next three years, this expert will help the District develop an Action Plan to address the staffing shortage and ensure an effective program. It will include steps to:
- Recruit new staff through partnerships with universities and advertise open special education positions locally and nationwide.
- Offer free training for community members to become special education aides.
- Improve the allocation of current staff.
- Improve parent access to information about the services provided, and establish an informal process to address parent concerns.
- Collaborate with Nonpublic Agencies (NPAs) to fill staffing gaps.
- Provide forgivable loans to encourage staff to become special education teachers.
- State Support: The District will request the following from the State of California:
- Funding to cover the costs of the special education expert.
- Additional funding to expand the forgivable loan program.
- Monitoring of the settlement agreement’s implementation.
- Removal of barriers to recruit special education providers from other states.
“The problems in the District have been very difficult for my daughter, but I am hopeful that this settlement will fix the problems for all disabled children in Del Norte and will make it a better school district for future kids.” Melony Lenover, parent of Plaintiff.
“This settlement is a crucial step toward ensuring equal educational opportunities for students with disabilities,” said Malhar Shah of DREDF. “It demonstrates the commitment to addressing systemic issues and providing necessary support.”
“This agreement highlights the importance of accountability and proactive measures in our education system,” said Cynthia Rice of Disability Law United. “We are optimistic about the District’s willingness to work on these issues, but remain concerned that the State has responsibilities that it has not yet lived up to, and we will continue to press those issues in this litigation so that the District is provided the assistance it needs.
“This outcome underscores the power of advocacy in protecting California’s most vulnerable children,” said Shane Brun of King & Spalding. “We are proud to have been part of this effort.”
This settlement marks a significant step toward ensuring that all students, especially those with disabilities, receive the education they deserve. The Del Norte County Unified School District is committed to implementing these changes and effectively supporting all students.
For media inquiries or questions, please contact Cynthia Rice, Legal Director, at (303) 551-9389 or crice@disabilitylawunited.org.